CONSTITUTION
AND RULES OF THE
DOUGLAS
SHIRE SUSTAINABILITY GROUP INC. (DSSG)
1.
A word or expression that is not defined in these model rules, but is
defined in the Associations Incorporation
Act 1981 has, if the context permits, the meaning given by the Act.
2.
NAME OF THE ASSOCIATION
The Association shall be called "Douglas Shire Sustainability Group Inc." (DSSG).
3.
The
objects and duties of the Association are:
The Douglas Shire Sustainability Group is a community–based
environmental advocacy organisation whose objects are:
(a) To promote and
encourage the adoption of the principals of ecologically sustainable development
to all sectors of the community throughout the Douglas Shire;
(b) To the protection and
conservation of the unique environment in the Douglas Shire and its surrounds,
including the Great Barrier Reef, the Wet Tropics and World Heritage areas;
(c) To promote social, economic and environmental balance;
(d)
To promote and support environmentally sustainable practices, education and
great environmental awareness amongst visitors to and residents of the Douglas
Shire;
(e) To recognise and promote the sustainable practices of the
traditional owners of the Douglas Shire; and
(f) To engage in any other activity in support of the objectives
above (a to e) allowable under the Associations and Incorporations Act 1981 of
the State of Queensland as amended.
4. POWERS
(1) The association has the powers
of an individual.
(2) The
association may, for example -
(a) enter into
contracts; and
(b) acquire, hold,
deal with and dispose of property; and
(c) make charges
for services and facilities it supplies; and
(d) do other
things necessary or convenient to be done in carrying out its affairs.
(3) The
association may take over the funds and other assets and liabilities of the
present unincorporated association known as the '
'.
(4) The
association may also issue secured and unsecured notes, debentures and debenture
stock for the association.
5.
CLASSES OF MEMBERS
(1) The membership of the
association shall consist of ordinary members, and any of the following classes
of members-
(a) Life Members
A clear majority may elect any member who has rendered outstanding
service to the Association and to the promotion of the objects of the
Association for a period of not less than two years a life member of the
Association subject to membership approval.
(b) Ordinary Members
Every candidate for admission as an ordinary member of the Association
shall have completed an application form and be fully supportive of the objects
of the Association.
(c) Honorary Members
(d) associate
members;
(2) The number of
ordinary members is unlimited.
(3) The Committee may appoint a Patron from time to time and the person
so appointed shall be an honorary member of the Association.
Honorary shall not be entitled to vote at any meeting of the Association
or to certify as to the qualification of an applicant for membership or to
nominate or second any candidate for membership;
6.
MEMBERSHIP
(1) A person who, on the day the
association is incorporated, was a member of the unincorporated association and
who, on or before a day fixed by the management committee, agrees in writing to
become a member of the incorporated association, must be admitted by the
management committee to the same class of membership of the association as the
member held in the unincorporated association.
(2) A member of
the incorporated association who, before becoming a member, has paid the
member's annual subscription for membership of the unincorporated association on
or before a day fixed by the management committee, is not liable to pay a
further amount of annual subscription for the period before the day fixed by the
management committee as the day on which the next annual subscription is
payable.
(3) An applicant
for membership of the association, other than the members of the unincorporated
association mentioned in subsection (1), must be proposed by 1 member of the
association (the proposer) and
seconded by another member (the seconder).
(4) An application
for membership must be-
(a) in writing; and
(b) signed by the
applicant and the applicant's proposer and seconder; and
(c) in the form
decided by the management committee.
7. MEMBERSHIP
FEES
(1) The membership fee for each
class of membership-
(a) is the amount decided by the members from time to
time at a general meeting; and
(b) is payable when, and in the way, the management
committee decides.
8.
ADMISSION AND REJECTION OF MEMBERS
(1) The management committee must
consider an application for membership at the next meeting of the committee held
after it receives-
(a) the application; and
(b) the appropriate membership fee for the application.
(2)
The management committee must decide at the meeting whether to accept or
reject the application.
(3) If a majority
of the management committee members present at the meeting vote to accept the
applicant as a member, the applicant must be accepted as a member to the class
of membership applied for.
(4) The secretary
of the association must, as soon as practicable after the management committee
decides to accept or reject an application, give the applicant a written notice
of the decision.
WHEN
MEMBERSHIP ENDS
9.
(1) A member may resign from the
association by giving a written notice of resignation to the secretary.
(2) The
resignation takes effect on:-
(a) the day and at the time the notice is received by
the secretary; or
(b) if a later day is stated in the notice - the later
day.
(3) The management
committee may terminate a member’s membership if the member -
(a) is convicted
of an indictable offence; or
(b) does not
comply with any of the provisions of these rules; or
(c) has membership
fees in arrears for at least 2 months; or
(d) conducts
himself or herself in a way considered to be injurious or prejudicial to the
character or interests of the association.
(4) Before the
management committee terminates a member’s membership, the committee must give
the member a full and fair opportunity to show why the membership should not be
terminated.
(5) If, after
considering all representations made by the member, the management committee
decides to terminate the membership, the secretary of the committee must give
the member a written notice of the decision.
10
APPEAL AGAINST REJECTION OR
TERMINATION OF MEMBERSHIP
(1) A person whose application for
membership has been rejected, or whose membership has been terminated, may give
the secretary written notice of the person's intention to appeal against the
decision.
(2) A notice of
intention to appeal must be given to the secretary within 1 month after the
person receives written notice of the decision.
(3) If the
secretary receives a notice of intention to appeal, the secretary must, within 3
months after the day of receipt, call a general meeting to decide the appeal.
(4) At the
meeting, the applicant must be given a full and fair opportunity to show why the
application should not be rejected or the membership should not be terminated.
(5) Also, the
management committee and the committee members who rejected the application or
terminated the membership must be given an opportunity to show why the
application should be rejected or the membership should be terminated.
(6)
An appeal must be decided by a vote of the members present at the
meeting.
(7) If a person
whose application has been rejected does not appeal against the decision within
1 month after receiving written notice of the decision, or the person appeals
but the appeal is unsuccessful, the secretary must, as soon as practicable,
refund the application fee paid by the person.
11.
REGISTER OF MEMBERS
(1)
The management committee must keep a register of members.
(2)
The register of members must include the following particulars for each
member-
(a) the full name and residential address of the
member;
(b) the date of admission as a member;
(c) the date of death or resignation of the member;
(d) details about the termination or reinstatement of
membership;
(e) any other particulars the management committee or
the members at a general meeting decide.
(3) The register
must be open for inspection at all reasonable times.
(4) However,
before the member may inspect the register, the member must apply to the
secretary to inspect it.
12.
SECRETARY
/ TREASURER
(1) If the association has not
elected an interim officer as secretary for the association before its
incorporation, the members of the management committee must ensure a secretary
is appointed or elected for the association within 1 month after incorporation.
(2) If a vacancy
happens in the office of secretary, the members of the management committee must
ensure a secretary is appointed or elected for the association within 1 month
after the vacancy happens.
(3) The secretary
must be an individual residing in Queensland, or in another State but not more
than 65 km from the Queensland border, who is -
(a) a member of
the association elected by the association as secretary; or
(b) any of the
following persons appointed by the management committee-
(i) a member of
the association's management committee;
(ii) a member of
the association;
(iii) another
person.
(4) The management
committee may appoint and remove the association’s secretary at any time.
(5) Duties of the Secretary
The duties of the Secretary shall be: -
Ø
To correctly keep the records and minutes of the Association;
Ø
To receive all letters, memoranda and applications and register of
members;
Ø
To arrange all business for the consideration of the Association
and any of its’ Committees;
Ø
To conduct the correspondence of the Association;
Ø
To give due notice of all meetings of the Association and its
Committees;
Ø
To collect and arrange all statistical information that may be
deemed valuable by the Association; and
Ø
To assist in all matters connected with the affairs of the
Association.
(6) Duties of the Treasurer
The duties of the Treasurer shall be:
Ø
To keep the books and accounts;
Ø
To collect the subscriptions and all other monies and to pay same
to the credit of the Association Bank Account;
Ø
The
Treasurer shall check all accounts before payment, sign cheques (if required) in
conjunction with the duly appointed members of the Committee and if none
appointed the President or Secretary and present the annual financial
statements; and
Ø
The Treasurer shall also submit to each monthly meeting of the
Association a statement of the financial position.
13.
MEMBERSHIP OF MANAGEMENT COMMITTEE
(1) The Management Committee
of the Association shall consist of a President, Secretary, Treasurer and a
maximum of six (6) others, all of whom shall be financial members of the Association and be
fit and proper persons to hold such office.
(2) A member of the Management
Committee, other than the Secretary must be a member of the association.
14.
MANAGEMENT COMMITTEE TERMS
(1) The President, Secretary,
Treasurer and Committee members shall be elected at the annual General meeting
of the Association subject to the following:
(a) Term of President
the position of President shall be required to be elected or
re-elected for each twelve (12) month term;
(b) Term of Secretary,
Treasurer and Committee Members
the term of tenure of;
(i) the Secretary; and
(ii) the Treasurer and
(ii) each Ordinary Committee
member
shall be for two (2) years from the date of election, provided that
at each annual General Meeting of the Association, one half of the committee
positions shall be open for election.
(c) Tenure of Secretary,
Treasurer and Committee Members during initial two years of incorporation of
association.
In the first two (2) years of the operation of the Association the
election/rotation of the committee shall notwithstanding the normal two (2) year
tenure be as follows:
(i) the Treasurer, and the
three (3) lowest polling committee members from the election at the inaugural
General Meeting shall at the General Meeting held one (1) year after the
inaugural General Meeting resign their positions and such positions shall be
open for election and or re-election at the next Annual General meeting of the
Association.
(ii) the Secretary, and the
remaining original three (3) committee members from the election at the
inaugural General Meeting shall at the General Meeting held two (2) years after
the inaugural General Meeting resign their positions and such positions shall be
open for election and or re-election at the next Annual General meeting of the
Association.
(iii) If there is no lowest or
highest polling committee members (that is the committee members are elected
unopposed) those committee members resigning their posts or opening such posts
for re-election shall be decided by the management committee by unanimous
resolution and failing such resolution by the alphabetical order of the
committee members.
15.
ELECTION OF MANAGEMENT COMMITTEE
(1) A member of
the management committee may only be elected as follows-
(a) any 2 members
of the association may nominate another member (the candidate) to serve as a member of the management committee;
(b) the nomination
must be-
(i)
in writing; and
(ii)
signed by the candidate and the members who nominated him or
her; and
(iii) given to the
secretary at least 14 days before the annual general meeting at which the
election is to be held;
(c) each member
present at the annual general meeting may vote for any number of candidates not
more than the number of vacancies;
(d) if, at the
start of the meeting, there are not enough candidates nominated, nominations may
be taken from the floor of the meeting.
(2) A list of the
candidates' names in alphabetical order, with the names of the members who
nominated each candidate, must be posted in a conspicuous place in the office or
usual place of meeting of the association for at least 7 days immediately
preceding the annual general meeting.
(3) If required by
the management committee, balloting lists must be prepared containing the names
of the candidates in alphabetical order.
16.
RESIGNATION OR REMOVAL FROM OFFICE
OF MANAGEMENT COMMITTEE MEMBER
(1) A management committee member
may resign from the committee by giving written notice of resignation to the
secretary.
(2)
The resignation takes effect on-
(a)
the day and at the time the notice is received by the secretary; or
(b)
if a later day is stated in the notice - the later day.
(3) A member may
be removed from office at a general meeting of the association if a majority of
the members present at the meeting vote in favour of removing the member.
(4) Before a vote
of members is taken about removing the member from office, the member must be
given a full and fair opportunity to show cause why he or she should not be
removed from office.
(5) A member has
no right of appeal against the member's removal from office under this section.
17.
VACANCIES ON MANAGEMENT COMMITTEE
(1) If a casual vacancy happens on
the management committee, the continuing members of the committee may appoint
another member of the association to fill the vacancy until the next annual
general meeting.
(2) The continuing
members of the management committee may act despite a casual vacancy on the
management committee.
(3) However, if
the number of committee members is less than the number fixed under these rules
as a quorum of the management committee, the continuing members may act only to-
(a) increase the
number of management committee members to the number required for a quorum; or
(b)
call a general meeting of the association.
18.
FUNCTIONS OF MANAGEMENT COMMITTEE
(1) Subject to these rules or a
resolution of the association members carried at a general meeting, the
management committee -
(a) has the
general control and management of the administration of the affairs, property
and funds of the association; and
(b) has authority
to interpret the meaning of these rules and any matter relating to the
association on which the rules are silent.
(2) The management
committee may exercise the powers of the association -
(a) to borrow,
raise or secure the payment of amounts in a way the association members decide;
and
(b) to secure the
amounts mentioned in paragraph (a) or the payment or performance of any debt,
liability, contract, guarantee or other engagement incurred or to be entered
into by the association in any way, including by the issue of debentures
(perpetual or otherwise) charged upon the whole or part of the association's
property, both present and future; and
(c)
to purchase, redeem or pay off any securities issued; and
(d) to borrow
amounts from members and pay interest on the amounts borrowed; and
(e)
to mortgage or charge the whole or part of its property; and
(f) to issue
debentures and other securities, whether outright or as security for any debt,
liability or obligation of the association; and
(g)
to provide and pay off any securities issued;
and
(h) to invest in a
way the members of the association may from time to time decide.
(3) For
sub-section (2)(d), the rate of interest must not be more than the current rate
being charged for overdrawn accounts on money lent (regardless of the term of
the loan) by -
(a) the financial
institution for the association; or
(b) if there is
more than 1 financial institution for the association - the financial
institution nominated by the association.
19.
MEETINGS OF MANAGEMENT COMMITTEE
(1) Subject to subsections (2) to
(16), the management committee may meet and conduct its proceedings as it
considers appropriate.
(2) The management
committee must meet at least once every 4 months to exercise its functions.
(3) The committee
must decide how a meeting is to be called.
(4) Notice of a
meeting is to be given in the way decided by the committee.
(5) If the
secretary receives a written request signed by at least 33% of the management
committee members, the secretary must call a special meeting of the committee.
(6) A request for
a special meeting must state-
(a)
why the special meeting is being called; and
(b)
the business to be conducted at the meeting.
(7) At a
management committee meeting, more than 50% of the members elected or appointed
to the committee as at the close of the last general meeting of the members form
a quorum.
(8) A question
arising at a committee meeting is to be decided by a majority vote of committee
members present at the meeting and, if the votes are equal, the question is
decided in the negative.
(9) A management
committee member must not vote on a question about a contract or proposed
contract with the association if the member has an interest in the contract or
proposed contract, and if the member does vote the member's vote must not be
counted.
(10) The secretary
must give each management committee member at least 14 days notice of a special
meeting of the committee.
(11) A notice of a
special meeting must state-
(a)
the day, time and place of the meeting; and
(b)
the business to be conducted at the meeting.
(12) The president
or, if there is no president or if the president is not present within 10
minutes after the time fixed for a management committee meeting, the
vice-president is to preside as chairperson at the meeting.
(13) If the
president and the vice-president are absent from a management committee meeting,
the members may choose 1 of their number to preside as chairperson at the
meeting.
(14) If a quorum
is not present within 30 minutes after the time fixed for a management committee
meeting called on the request of committee members, the meeting lapses.
(15) If a quorum
is not present within 30 minutes after the time fixed for a management committee
meeting called other than on the request of committee members, the meeting is to
be adjourned to-
(a)
the same day, time and place in the next week; or
(b)
a day, time and place decided by the committee.
(16) If, at the
adjourned meeting mentioned in subsection (15), a quorum is not present within
30 minutes after the time fixed for the meeting, the meeting lapses.
20.
DELEGATION OF MANAGAMENT COMMITTEE
POWERS
(1) The management committee may
delegate the whole or part of its powers to a subcommittee consisting of the
association members considered appropriate by the committee.
(2) A subcommittee
may only exercise delegated powers in the way the management committee decides.
(3) A subcommittee
may elect a chairperson of its meetings.
(4) If a
chairperson is not elected, or if the chairperson is not present within 10
minutes after the time fixed for a meeting, the members present may choose 1 of
their number to be chairperson of the meeting.
(5) A subcommittee
may meet and adjourn as it considers appropriate.
(6) A question
arising at a subcommittee meeting is to be decided by a majority vote of the
members present at the meeting and, if the votes are equal, the question is
decided in the negative.
21
ACTS NOT AFFECTED BY DEFECTS OR
DISQUALIFICATIONS
(1) An act
performed by the management committee, a subcommittee or a person acting as a
member of the management committee is taken to have been validly performed.
(2) Subsection (1)
applies even if the act was performed when-
(a) there was a
defect in the appointment of a member of the management committee, subcommittee
or person acting as a member of the management committee; or
(b) a management
committee member, subcommittee member or person acting as a member of the
management committee was disqualified from being a member.
22.
RESOLUTIONS OF MANAGEMENT
COMMITTEE WITHOUT MEETING
.
(1) A written resolution signed by
each member of the management committee for the time being entitled to receive
notice of a committee meeting is as valid and effectual as if it had been passed
at a committee meeting that was properly called and held.
(2) A resolution
mentioned in subsection (1) may consist of several documents in like form, each
signed by 1 or more members of the committee.
23. INAUGURAL
GENERAL MEETING
(1) The first general meeting must
be held not less than 1 month, and not more than 3 months, after the day the
association is incorporated.
(2) The management
committee must decide where the meeting is to be held.
(3) The business
to be conducted at the first general meeting must include the appointment of an
auditor.
24.
INAUGRUAL ANNUAL GENERAL MEETING
The first annual general meeting must be held within 18 months after the
day the association is incorporated.
25.
SUBSEQUENT ANNUAL GENERAL MEETINGS
Each subsequent annual general meeting must be held -
(a) at least once
each year; and
(b) within 6
months after the end of the association's previous financial year.
26. BUSINESS
TO BE CONDUCTED AT ANNUAL GENERAL MEETING
The following business must be conducted at each annual general meeting -
(a) receiving the
statement of income and expenditure, assets,
liabilities and mortgages, charges and securities affecting the property
of the association for the last financial year;
(b) receiving the
auditor's report on the financial affairs of the association for the last
financial year;
(c) presenting the
audited statement to the meeting for adoption;
(d) electing
members of the management committee;
(e) appointing an
auditor.
27 SPECIAL
GENERAL MEETING
(1) The secretary may only call a
special general meeting by giving each member notice of the meeting within 14
days after-
(a) being directed
to call the meeting by the management committee;
or
(b) being given a
written request signed by-
(i) at least 33%
of the members of the association presently on the management committee; or
(ii) at least the
number of ordinary members of the association equal to double the number of
members of the association presently on the management committee plus 1; or
(c) being given a
written notice of an intention to appeal against the decision of the management
committee-
(i) to reject an
application for membership; or
(ii) to terminate
a person’s membership.
(2) A request
mentioned in subsection (1) (b) must state-
(a)
why the special general meeting is being called; and
(b)
the business to be conducted at the meeting.
28.
NOTICE OF GENERAL MEETING
(1) The secretary
may call a general meeting of the association.
(2) The secretary
must give at least 14 days notice of the meeting to each association member.
(3) The management
committee may decide the way in which the notice must be given.
(4) However,
notice of the following meetings must be given in writing-
(a) a meeting
called to hear and decide the appeal of a member against the rejection or
termination of the member’s membership by the management committee; or
(b) a meeting
called to hear and decide a proposed special resolution of the association.
(5) A notice of a
general meeting must state the business to be conducted at the meeting.
29.
QUORUM FOR, AND ADJOURNMENT OF,
GENERAL MEETING
(1)
Subject to subsection (5), at a general meeting the number of members
equal to double the number of members of the association presently on the
management committee plus 1 form a quorum.
(2) No business
may be conducted at a general meeting unless a quorum of members is present when
the meeting proceeds to business.
(3) If a quorum is
not present within 30 minutes after the time fixed for a general meeting called
on the request of members of the management committee or the association, the
meeting lapses.
(4) If a quorum is
not present within 30 minutes after the time fixed for a general meeting called
other than on the request of members of the management committee or the
association, the meeting is to be adjourned to-
(a)
the same day, time and place in the next week; or
(b)
a day, time and place decided by the management committee.
(5) If at an
adjourned meeting, a quorum under subsection (1) is not present within 30
minutes after the time fixed for the meeting, the members present form a quorum.
(6) The
chairperson may, with the consent of any meeting at which a quorum is present,
and must if directed by the meeting, adjourn the meeting from time to time and
from place to place.
(7) If a meeting
is adjourned under subsection (6), only the business left unfinished at the
meeting from which the adjournment took place may be conducted at the adjourned
meeting.
(8) The secretary
is not required to give the members notice of an adjournment or of the business
to be conducted at an adjourned meeting unless a meeting is adjourned for at
least 30 days.
(9) If a meeting
is adjourned for at least 30 days, notice of the adjourned meeting must be given
in the same way notice is given for an original meeting.
(10) In this rule
-
"member" includes a person attending as a proxy or representing
a corporation that is a member.
30.
PROCEDURE AT GENERAL MEETING
(1) Subject to these rules, at each
general meeting -
(a) the president
or, if there is no president or if the president is not present within 15
minutes after the time fixed for the meeting or is unwilling to act, the
vice-president is to preside as chairperson; and
(b) if the
vice-president is absent or unwilling to act as chairperson, the members present
must elect 1 of their number to be chairperson of the meeting; and
(c) the
chairperson must conduct the meeting in a proper and orderly way; and
(d) each question,
matter or resolution must be decided by a majority of votes of the members
present; and
(e) each member
present and entitled to vote is entitled to 1 vote only and, if the votes are
equal, the chairperson has a casting vote as well as a primary vote; and
(f) a member is
not entitled to vote at a general meeting if the member's annual subscription is
in arrears at the date of the meeting; and
(g) voting may be
by a show of hands or a division of members, unless at least 20% of the members
present demand a secret ballot; and
(h) if a secret
ballot is held,
(i) the
chairperson must appoint 2 members to conduct the secret ballot in the way the
chairperson decides; and
(ii) the result of
a secret ballot as declared by the chairperson is taken to be a resolution of
the meeting at which the ballot was held; and
(j) a member may
vote in person or by proxy or by attorney and-
(i) on a
show of hands, each person present who is a member or a representative of a
member has 1 vote; and
(ii) in
a secret ballot, each member present in person or by proxy or by attorney or
other properly authorised representative has 1 vote; and
(k) an instrument
appointing a proxy must be in writing; and-
(i) if the
appointor is an individual - signed by the appointor or the appointor's attorney
properly authorised in writing; or
(ii) if the
appointor is a corporation - either under seal or signed by a properly
authorised officer or attorney of the corporation; and
(l) a proxy may be
a member of the association or another person; and
(m) the instrument
appointing a proxy is taken to confer authority to demand or join in demanding a
secret ballot; and
(n) if someone
wants to give a member an opportunity to vote for or against a resolution, the
instrument appointing a proxy must be in the following or like form-
DOUGLAS Shire Sustainability
Group INC.
I,
of,
being a member of the above named Association, hereby appoint
of , or failing him/her,
of
as my proxy to vote for me on my behalf
at the (annual) general meeting of the Association, to be held on the
day of ,
20 , and at
any adjournment thereof.
Signed this
day of
20
Signature
This form is to be used * in favour of
the resolution * against
* Strike out whichever is not desired.
(Unless otherwise instructed, the proxy may vote as he/she thinks fit.);
(o) each
instrument appointing a proxy must be given to the secretary before the start of
the meeting or adjourned meeting at which the person named in the instrument
proposes to vote; and
(p) the secretary
must ensure full and accurate minutes of all questions, matters, resolutions and
other proceedings of each management committee meeting and general meeting are
entered in a minute book; and
(q) the secretary
must ensure the minute book for each general meeting is open for inspection at
all reasonable times by any financial member who previously applies to the
secretary for the inspection.
(2) To ensure the
accuracy of the minutes recorded under subsection (1)(p)-
(a) the minutes of
each management committee meeting must be signed by the chairperson of the
meeting, or the chairperson of the next management committee meeting, verifying
their accuracy; and
(b) the minutes of
each general meeting must be signed by the chairperson of the meeting, or the
chairperson of the next general meeting, verifying their accuracy; and
(c) the minutes of
each annual general meeting must be signed by the chairperson of the meeting, or
the chairperson of the next meeting of the association that is a general meeting
or annual general meeting, verifying their accuracy.
31.
BY-LAWS
(1) The management
committee may make, amend or repeal by-laws, not inconsistent with these rules,
for the internal management of the association.
(2) A by-law may
be set aside by a vote of members at a general meeting of the association.
32.
ALTERATION OF RULES
(1) Subject to the Associations Incorporation Act 1981, these rules may be amended,
repealed or added to by a special resolution carried at a general meeting.
(2) However an
amendment, repeal or addition is valid only if it is registered by the chief
executive.
33.
COMMON SEAL
(1) The management committee must
ensure the association has a common seal.
(2)
The common seal must be-
(a)
kept securely by the management committee; and
(b)
used only under the authority of the management committee.
(3) Each
instrument to which the seal is attached must be signed by a member of the
management committee and countersigned by-
(a)
the secretary; or
(b)
another member of the management committee; or
(c)
someone appointed by the management committee.
34.
FUNDS AND ACCOUNTS
.
(1) The funds of the association
must be kept in an account in the name of the association in a financial
institution decided by the management committee.
(2) Records and
accounts must be kept in the English language showing full and accurate
particulars of the financial affairs of the association.
(3) All amounts
must be deposited in the financial institution account as soon as practicable
after receipt.
(4) If an amount
of $100 or more is paid by cheque, the cheque must be signed by any 2 of the
following-
(a) the president;
(b) the secretary;
(c) the treasurer;
(d) another member
authorised by the management committee for the purpose.
(5) Cheques, other
than cheques for wages, allowances or petty cash recoupment, must be crossed
`not negotiable’.
(6) A petty cash
account must be kept on the imprest system, and the management committee must
decide the amount of petty cash to be kept in the account.
(7) All
expenditure must be approved or ratified at a management committee meeting.
(8) The treasurer
must, as soon as practicable after the end of each financial year, ensure a
statement containing the following particulars is prepared -
(a) the income and
expenditure for the financial year just ended;
(b) the
association’s assets and liabilities at the close of the year;
(c) the mortgages,
charges and securities affecting the property of the association at the close of
the year.
(9) If the
association is incorporated within 3 months before the end of the association's
financial year, subsection (8) does not apply for the financial year in which
the association is incorporated.
(10) The auditor
must examine the statement prepared under subsection (8) and present a report
about it to the secretary before the next annual general meeting following the
financial year for which the audit was made.
(11) The income
and property of the association must be used solely in promoting the
association's objects and exercising the association's powers.
35.
DOCUMENTS
The management committee must ensure the safe custody of books,
documents, instruments of title and securities of the association.
36.
FINANCIAL YEAR
The financial year of the association closes on 30 September in each
year.
37.
DISTRIBUTION OF SURPLUS ASSETS TO
ANOTHER ENTITY
(1) This section applies if the
association-
(a)
is wound-up under part 10 of the Act; and
(b)
it has surplus assets.
(2) The surplus
assets must not be distributed among the association members.
(3)
The surplus assets must be given to another entity -
(a) having objects
similar to the association's objects; and
(b) the rules of
which prohibit the distribution of the entity's income and assets to its
members.
(4) In this
section -
"surplus
assets" has
the meaning given by section 92(3) of the Act.
38.
DEDUCTIBLE GIFT RECIPIENT FUND
(1) Establishment
of Public Fund
The Association shall establish and maintain a
public fund to be called the Douglas Shire Sustainability Group Future
Conservation Fund for the specific purpose of supporting the environmental
objects/purposes of the Douglas Shire Sustainability Group Inc. The Fund is established to receive all gifts of money
or property for this purpose and any money received because of such gifts must
be credited to its bank account. The Fund must not receive any other money
or property into its account and it must comply with subdivision 30-E of the
Income Tax Assessment Act 1997.
(2)
Requirements of the Public Fund
The Association must inform the Department responsible for the environment as
soon as possible if:
(a)
It changes its name or the name of its public fund; or
(b)
There is any change to the membership of the management committee of the
public fund; or
(c)
There has been any departure from the model rules for public funds
set out in the Guidelines to the Register of Environmental Organisations.
(3)
Ministerial Rules
The Association agrees to comply with any rules that the Treasurer and the
Minister with responsibility for the environment may make to ensure that gifts
made to the fund are only used for its principal purpose.
(4)
Not-for-Profit
The income and property of the organisation shall be used and applied solely in
promotion of its objects and no portion shall be distributed, paid or
transferred directly or indirectly by way of dividend, bonus or by way of profit
to members, directors, or trustees of the organisation.
(5)
Conduit Policy
Any allocation of funds or property to other persons or organisations will be
made in accordance with the established purposes of the organisation and not be
influenced by the preference of the donor.
(6)
Winding-Up
In case of the winding-up of the Fund, any surplus assets are to be transferred
to another fund with similar objectives that is on the Register of Environmental
Organisations.
(7)
Statistical Information
(a)
Statistical information requested by the Department on donations to the
Public Fund will be provided within four months of the end of the financial
year.
(b)
An audited financial statement for the organisation and its public fund
will be supplied with the annual statistical return. The statement will
provide information on the expenditure of public fund monies and the management
of public fund assets.
(8)
Register’s Public Funds
The objective of the fund is to support the organisation’s
environmental purposes.
40.
OPERATION OF AND GIFTS TO THE FUND
(1)
Members of the public are to be invited to make gifts of money or
property, and money from the realisation of such property is to be deposited
into the fund.
(2)
Money from interest on donations, income derived from donated
property, and money from the realisation of such property is to be deposited
into the fund.
(3)
A separate bank account is to be opened to deposit money donated to the
fund, including interest accruing thereon, and gifts to it are to be kept
separate from other funds of the organisation.
(4)
Receipts are to be issued in the name of the fund and proper accounting
records and procedures are to be kept and used for the fund.
(5)
The fund will be operated on a not-for-profit basis.
(6)
A committee of management of no fewer than three persons will administer
the fund. The committee will be appointed by the organisation. A
majority of the members of the committee are required to be ‘responsible
persons’ as defined by the Guidelines to the Register